Enter Your Hours System (“EYH System”) Terms of Service ("Terms of Service")
are effective immediately upon the user's acceptance of the Terms of Service by
clicking the "Submit" button with the "I have read and agree to the Terms of
Service applicable to my country" check box checked, or upon accessing the
service for which Terms of Service have been accepted on the user's behalf. You
may not use the service until you or an authorized entity or individual who has
granted you access, has read and accepted all of the Terms of Service as
indicated above. If you have not accepted the Terms of Service, you are
responsible for understanding and complying with the Terms of Service. As used
in the Terms of Service, the terms "you", "your" or "user" all refer to the
person using the service in any way, including those registered as, for, or on
behalf of a corporate entity, such as a company, business, affiliated entities,
corporation, or other entity (i.e., not as an individual) and its employees,
subcontractors, affiliates, and all other persons or entities permitted to
access and use the service in any way.
1. Services Provided by Enter Your Hours, Inc.
1.1 Permitted Uses and Restrictions on Use.
Subject to the terms and conditions of the Terms of Service (including all
policies linked to it), Enter Your Hours, LLC ("EYH LLC") or its subcontractors
will provide the Enter Your Hours System (“EYH System”), a web-based service
that allows you to store, retrieve, organize and share data (the "Service"). If
you have registered as, for, or on behalf of a registered entity and accept the
Terms of Services you are deemed to have accepted the Terms of Service on
behalf of that registered entity and the Terms of Service will be binding as to
the registered entity, and any entity, person or third party which it permits
to access and use the Service in any way. In order to use the Service, you are
responsible at your own expense to acquire access to the World Wide Web, either
directly or through devices that access Web-based content, and to pay any
service fees associated with such access. In addition, you must provide all
equipment necessary to make such connection to the World Wide Web, including a
computer and modem or other access device.
1.2 General Practices Regarding Use and Storage.
You acknowledge that EYH LLC may establish or revise from time to time general
practices and limits concerning your use of the Service, including without
limitation, establishing the maximum amount of storage space you have on EYH
System at any time, as well as limiting the amount of bandwidth you may use
with the Service in a given period of time. For purposes of this Section 1.2,
bandwidth is defined as the total amount of data downloaded from and uploaded
to the EYH System server in a given period of time. You agree that EYH LLC has
no responsibility or liability for the deletion, corruption, or alteration of,
or failure to store any data or text (including but not limited to names of
employees, clients or related information of the same), reports, graphics, and
any files provided by you (collectively referred to as "Content") and
maintained or transmitted by the Service. You acknowledge that EYH LLC reserves
the right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
1.3 Links.
The Service, other Service users, or third parties may provide links to other
World Wide Web sites or resources. Because EYH LLC has no control over such
sites and resources, you acknowledge and agree that EYH LLC is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that EYH LLC shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
1.4 Privacy.
For details of EYH LLC's Privacy Promise relating to the EYH System Service,
click here. Questions about the EYH System Service Privacy Promise, our
information practices or other aspects of privacy should be directed to EYH LLC
Inc., Customer Communications, 6265 Indian Forest Circle, Lake Worth, FL 33463.
2. Your Responsibilities.
2.1 Your Registration Obligations.
In consideration for your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself in the required
fields as prompted by the Service's registration form(s) (such information
being the "Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or EYH LLC has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, EYH LLC may suspend or terminate your
account and refuse any and all current or future use of the Service (or any
portion thereof).
2.2 Acceptable Use Policy.
You agree to comply with EYH LLC's then-current Acceptable Use Policy as posted
from time to time. By submitting any Content to EYH LLC, you warrant that: (i)
you are the owner of such Content, or have been granted all the rights
necessary from the owner of such Content to submit such Content to EYH LLC, and
(ii) the use of such Content by EYH LLC and its members will not infringe or
misappropriate the intellectual property rights of or otherwise violate the
rights of any third party.
2.3 No Resale, Etc. of the Service.
You agree not to copy, sell, resell, rent or sublicense (including offering the
Service to third parties on an applications service provider or time-sharing
basis), lease, loan, redistribute, or create a derivative work of any portion
of the Service, use of the Service, or access to the Service. Such restrictions
do not apply to the Content you place on the Service. You agree not to access
the Service by any means other than through the interface that is provided by
EYH LLC for use in accessing the Service.
3. Proprietary Rights.
3.1 Content Submitted to the Service.
You acknowledge that EYH LLC does not pre-screen Content, but that EYH LLC and
its designees, contractors or subsidiaries shall have the right (but not the
obligation) in their sole discretion to refuse or to remove any Content that is
available via the Service. Without limiting the foregoing, and without notice
to you, EYH LLC and its designees shall have the right to remove any Content
that violates the Terms of Service or is otherwise deemed objectionable by EYH
LLC in its sole discretion. You agree that you must evaluate, and bear all
risks associated with the use of any Content including any reliance on the
accuracy, completeness, or usefulness of such Content.
3.2 EYH LLC Proprietary Rights.
You acknowledge and agree that the Service contains proprietary and
confidential information that is protected by applicable intellectual property
and other laws, and you agree not to disclose such information to any third
party without EYH LLC's prior permission. You further acknowledge and agree
that content contained in sponsor advertisements or information presented to
you through the Service or advertisers is protected by copyrights, trademarks,
Service marks, patents or other proprietary rights and laws.
EYH LLC acknowledges that any and all Content, including copyrights,
trademarks, database rights and other intellectual property contained in such
Content are owned by you. You grant EYH LLC the right to use such Content only
to the extent that EYH LLC needs to use the Content to provide the Services.
EYH LLC does not obtain any right, title or interest in your Content, except as
specifically granted herein in order to provide Services to you.
You acknowledge that EYH LLC will collect certain aggregate meta data as part
of providing and analyzing the Service from time to time.
3.3 Confidentiality
Each party who accesses and uses the Service and EYH LLC (together the
"parties") shall keep in confidence all of the information maintained by the
Service ("Confidential Information"). The parties shall take reasonable steps
to prevent unauthorized disclosure or use of the Confidential Information, but
in any case not less than those steps it takes to protect its own Confidential
Information. The parties shall not disclose Confidential Information to any
person or entity other than its affiliated entities, officers, employees,
consultants, auditors and attorneys who need access to such Confidential
Information, and who are subject to confidentiality obligations with such party
or EYH LLC. The parties shall return (or delete in case of electronic copies of
such information) any and all Confidential Information, and all copies thereof,
upon the other party's request provided that (i) as to your active Service data
and the Content contained therein, you may delete data per standard Service
procedures, or only upon e-mail or other written instruction by your account
administrator ("EYH Administrator"); and (ii) as to backed-up Service data and
the Content contained therein, such Service data and/or Content will be
automatically deleted over time pursuant to EYH LLC's standard back-up
procedures for the Service. The parties shall immediately give notice to the
other party of any unauthorized use or disclosure of the other party's
Confidential Information.
We may disclose or report Confidential Information in limited circumstances
where we believe in good faith that disclosure is required under the law. For
example, we may be required to disclose Confidential Information to cooperate
with regulators or law enforcement authorities, to comply with a legal process
such as a court order, subpoena, search warrant, or a law enforcement request.
3.4 Audits
EYH LLC shall reasonably cooperate with you (at your cost) or with an
applicable regulatory authority in connection with the examination of your data
in your EYH System accounts by such applicable regulatory authority in
connection with an audit or other formal proceeding by such regulatory
authority.
4. Registered Entities.
If you are a registered entity and permit your affiliates, subsidiaries,
employees, and/or any third party located outside of the territorial boundaries
of Canada, Japan, United Kingdom and/or United States to access and/or use the
Service and/or your Content, you shall be solely responsible for (i) their acts
and/or omissions in connection with their access and/or use of the Service and
(ii) ensuring that their access and/or use of the Service is in compliance with
the Terms of Service, and any and all applicable local laws, rules and
regulations. You agree to fully indemnify EYH LLC and its affiliates,
subsidiaries, licensors, and online service providers (collectively,
"Representatives") for any liability, fines, penalties, costs, claims and/or
damages incurred by EYH LLC and/or the Representatives in connection with any
claim related to the access and/or use of the Service and/or your Content by
you, your affiliates, subsidiaries, employees or any third-party authorized by
you.
5. Modifications to the Service or Agreements.
5.1 Modifications to the Service.
EYH LLC reserves the right at any time and from time to time to modify the
Service (or any part thereof) with or without notice. Should EYH LLC choose to
permanently discontinue the Service, EYH LLC (i) will send notification to your
Account Administrator via e-mail at least sixty (60) days prior to such
discontinuance and (ii) will post notification of this decision on the Service
web site at least thirty (30) days prior to such discontinuance. In such
instance, you will be responsible for retrieving your data from the Service
during that sixty (60) day period. You agree that EYH LLC shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service, or for any resulting loss or destruction of any Content that
you place on the Service. EYH LLC may specify from time to time the version(s)
of related products required in order to use the Service (e.g. supported
browser versions).
5.2 Modifications to the Terms of Service.
EYH LLC may periodically change the terms of the Terms of Service. In the event
EYH LLC modifies the Terms of Service, EYH LLC will post it to the Service web
site and promptly thereafter, notify your Account Administrator via e-mail that
such posting has been made. Your continued use of any of the Service after such
modification shall constitute your acceptance of the Terms of Service with the
new modifications. If you do not agree to any of such changes, you may
terminate the Terms of Service and immediately cease all access and use of the
Service. You agree that such termination will be your exclusive remedy if you
do not wish to abide by any changes to the Terms of Service. In addition, EYH
LLC may at any time introduce separate Terms of Service for users in certain
jurisdictions and require users in these jurisdictions to agree to the separate
Terms of Service. EYH LLC may also require such users to agree that termination
of the separate Terms of Service and cessation of all access and use of the
Service would be their exclusive remedy if they do not wish to comply with the
separate Terms of Service.
6. Fees.
6.1 General.
You agree to pay any applicable fees for the Service plan described on your
account page.
6.2 Registration and Fees.
Users shall have the option to either pay (a) monthly or (b) annually. In
response to EYH LLC's correspondence or upon registration, you shall inform EYH
LLC of the option you choose. Fee shall be due and payable to EYH LLC by credit
card or, for annual payments only, by check in advance on the billing date as
displayed in the Service. EYH LLC reserves the right to suspend the accounts of
Users who fail to make payments on their paying plan(s). All fees are
non-refundable, in whole or in part, even if the Service is suspended,
cancelled or transferred prior to the end of your monthly or annual plan.
7. Term and Termination.
7.1 Term.
The Term of Service shall be effective upon registration and thereafter shall
continue on a month-to-month basis or annual basis, as applicable, until
terminated with thirty days written notice by either party, or until terminated
as specified below.
7.2 Termination by EYH LLC.
You acknowledge and agree that EYH LLC in its sole discretion, may suspend or
terminate your account and/or deny you access to, use of, or submission of
Content for, all or part of the Service, without prior notice and for any
reason, including if you engage in any conduct that EYH LLC believes: (a)
violates the letter or spirit of any term or provision of the Terms of Service,
(b) violates the rights of EYH LLC or third parties, or (c) is otherwise
inappropriate for continued access and use of the Service. In addition, EYH LLC
reserves the right to terminate any membership account if that account has been
inactive for greater than three hundred and sixty five (365) days. You agree
that upon termination, we may delete all files and information related to your
account and may bar your access to your account and the Service. At your
written request and expense, EYH LLC will provide you access to the most recent
data from your account for retrieval purposes for a period of two (2) business
days prior to deletion. Notwithstanding the foregoing, EYH LLC will not provide
you access to the most recent data from your account if EYH LLC believes that
such data violates the rights of EYH LLC or third parties. Further, you agree
that EYH LLC shall not be liable to you or any third-party for any termination
of your access to the Service.
8. Disclaimer of Warranties; Indemnity; LIMITATION OF LIABILITY.
8.1 Disclaimer.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. EYH LLC AND ITS SUPPLIERS EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
(b) EYH LLC AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS OR RESULT IN REVENUES OR PROFITS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE
QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. WHILE EYH LLC
WILL USE COMMERCIALLY REASONABLE EFFORTS TO PREVENT UNAUTHORIZED ACCESS TO DATA
ENTERED INTO "RESTRICTED FIELDS" WITHIN THE SERVICE, EYH LLC AND ITS SUPPLIERS
MAKE NO WARRANTY THAT SUCH FIELDS WILL BE SECURE AGAINST SUCH UNAUTHORIZED
ACCESS OR OTHER SECURITY BREACHES. EYH LLC AND ITS SUPPLIERS MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE TERMS OF SERVICE OR THE SERVICE, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY
EXCLUDABLE. EYH LLC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT
YOUR USE OF THE SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS,
OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY
APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH
INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE
GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER
FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR
ENSURING THAT YOUR USE OF THIS SERVICE, RELATED SERVICES OR CONTENT IS IN
ACCORDANCE WITH APPLICABLE LAW.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EYH
LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF SERVICE.
8.2 Representations and Warranties.
You represent that, to the best of your knowledge and belief, your use of the
Service does not directly or indirectly infringe the legal rights of a third
party. You further represent and warrant that all information provided by you
in connection with your registration is accurate and reliable.
8.3 Indemnity.
You agree to indemnify and hold harmless EYH LLC, its subsidiaries and
affiliates, and its and their directors, officers, agents and employees
("Indemnitees"), from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your Content; your use
of the Service; your connection to the Service; your violation of the Terms of
Service; or your violation of any proprietary or other rights of another. You
further agree and acknowledge that the Indemnitees are not liable or
responsible in any way for any errors, omissions or any other actions arising
out of or related to your use of the Service. You further agree to indemnify,
defend and hold harmless the Indemnitees from and against any and all claims,
damages, liabilities, costs, and expenses (including reasonable legal fees and
expenses) arising out of, or related to, your use of the Service, or the
placement or transmission of any message, information, software or other
materials through the Service by you or users of your account or related to any
violation of any term of the Terms of Service by you or users of your account.
8.4 Limitation of Liability.
(A) YOU EXPRESSLY UNDERSTAND AND AGREE THAT EYH LLC AND ITS SUPPLIERS SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EYH LLC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
(B) YOU ALSO AGREE THAT EYH LLC WILL NOT BE LIABLE FOR ANY (a) INTERRUPTION OF
BUSINESS, (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB
SITE(S) YOUR ACCESS THROUGH THIS SERVICE ; (c) DATA NON-DELIVERY, MIS-DELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) UNAUTHORIZED ACCESS TO DATA
ENTERED IN, OR BREACH OF ANY SECURITY MECHANISMS UTILIZED IN, THE SERVICE OR IN
ANY RESTRICTED FIELD THEREIN; OR (e) EVENTS BEYOND EYH LLC'S REASONABLE
CONTROL.
(C) IN NO EVENT SHALL EYH LLC'S MAXIMUM AGGREGATE LIABILITY EXCEED THE AMOUNT
PAID BY YOU TO EYH LLC FOR THE SERVICE, TO A MAXIMUM AMOUNT EQUAL TO SERVICE
CHARGES FOR SIX (6) MONTHS OF THE SERVICE.
8.5 Exclusions and Limitations.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 8.1 AND 8.4 MAY NOT APPLY TO YOU.
9 General Information.
(A) THE SERVICE IS NOT OFFERED OR AVAILABLE TO PERSONS UNDER THE AGE OF
THIRTEEN (13). Notices to you may be made via either e-mail, regular mail,
overnight courier or facsimile at your contact addresses of record for the
Service.
(B) The Service may also provide notices of changes to the Terms of Service or
other matters by displaying notices or links to notices to you generally on the
Service. If you provide notice to EYH LLC, such notice shall be sent to: Enter
Your Hours, LLC, 6265 Indian Forest Circle, Lake Worth, FL 33463, Attn: General
Counsel, Legal Dept.; Fax: (954) 212-2920.
(C) The Terms of Service (and the policies linked to them) constitute the
entire agreement between you and EYH LLC and governs your use of the Service,
superceding any prior agreements between you and EYH LLC (including, but not
limited to, any prior versions of the Terms of Service) with respect to their
subject matter. You also may be subject to additional terms and conditions that
may apply when you use affiliate or other EYH LLC services, third-party content
or third-party software.
(D) Except as otherwise provided herein, the Terms of Service shall be governed
by the laws of the State of Florida, USA without regard to its conflict of law
provisions. Except as otherwise provided in the Terms of Service, you and EYH
LLC agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Palm Beach, Florida, USA. The Terms of Service,
the EYH System Privacy Statement, and the Acceptable Use Policy are in English,
which shall be the controlling language of the agreement with you with respect
to the Service, and you agree that you fully understand the terms of the same.
In addition, all enquiries, support related or otherwise, regarding the Service
should be submitted to EYH LLC in English, and EYH LLC will respond to such
enquiries in English only.
(E) The Terms of Service do not limit any rights that EYH LLC may have under
trade secret, copyright, patent, trademark or other laws. The failure of EYH
LLC to exercise or enforce any right or provision of the Terms of Service shall
not constitute a waiver of such right or provision. If any provision of the
Terms of Service is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other provisions
of the Terms of Service remain in full force and effect. You agree that any
claim or cause of action arising out of or related to use of the Service or the
Terms of Service must be filed within one (1) year after such claim or cause of
action arose or be forever barred. The section titles in the Terms of Service
are for convenience only and have no legal or contractual effect.
(F) The Terms of Service will inure to the benefit of EYH LLC and its
successors and assigns.
(G) With respect to any acquisition or use of the Service by or for any unit or
agency of the United States Government (the "Government"), the Service shall be
classified as "commercial computer software" as that term is defined in the
applicable provisions of the Federal Acquisition Regulation (the "FAR") and
supplements thereto, including the Department of Defense (DoD) FAR Supplement
(the "DFARS"). The Service was developed entirely at private expense, and no
part of the Service was first produced in the performance of a Government
contract. If the Service is supplied for use by the DoD, the Service is
delivered subject to the terms of this Agreement and either (i) in accordance
with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in
accordance with DFARS 252-227-7013 (c)(l)(ii)(OCT 1988), as applicable. If the
Service is supplied for use by a Federal agency other than the DoD, the Service
is restricted computer software delivered subject to the terms of this
Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT
III), as applicable. The contractor/manufacturer is Enter Your Hours, LLC, 6265
Indian Forest Circle, Lake Worth, FL 33463.
(H) All representations, warranties, Sections 1.4, 7, 8, and 9 in the Terms of
Service shall survive the termination of your account or access to the Service.
Revised as of December 12, 2007